British overseas territories

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Location of the British Overseas Territories.
Location of the British Overseas Territories.

The British Overseas Territories are fourteen territories which the United Kingdom has under its sovereignty, but not as part of the United Kingdom itself[1].

The name "British Overseas Territory" was introduced by the British Overseas Territories Act 2002, and replaced the name British dependent territory which was introduced by the British Nationality Act 1981. Before that, the territories were known as colonies or Crown colonies. The British Overseas Territories are also referred to as overseas territories of the United Kingdom[2], UK overseas territories[3], or when the context is clear, simply the Overseas Territories[1].

The territories of Jersey, Guernsey and the Isle of Man, though also under the sovereignty of the British Crown, have a slightly different constitutional relationship with the United Kingdom, and are consequently classed as Crown dependencies rather than Overseas Territories. Territories and dependencies are distinct from the Commonwealth of Nations, a voluntary association of former British colonies and latterly other nations such as Mozambique that have joined because of the benefits it offers.

In a historical context, colonies should be distinguished from protectorates and protected states, which though under British control, were nominally independent states, whereas colonies were part of the British state[citation needed]. They should also not be confused with Dominions, which, known collectively as the Commonwealth, were independent states, held to be equal in sovereign status to the United Kingdom within the Empire and Commonwealth after the Statute of Westminster in 1931. Crown colonies, such as Hong Kong, were differentiated from other colonies in being administered directly by the Crown, without the degree of local autonomy found in self-governed colonies such as Bermuda.

The current population of all UK overseas territories is estimated at 247,899[citation needed].

Contents

[edit] History

Main article: British Empire
The handover of Hong Kong on July 1, 1997, the last major overseas British territory.
The handover of Hong Kong on July 1, 1997, the last major overseas British territory.

The original English colonies in the New World were plantations of English subjects in lands hitherto outside the dominions of the Crown. The first such plantation was in Newfoundland, where English fishermen routinely set up seasonal camps in the 16th century.

What later became known as the "Old Empire" began in 1607 with the settlement of Jamestown, the first successful permanent colony in "Virginia" (a term that was then applied generally to North America). In 1609, a second colony was unintentionally established in Bermuda (as an extension of Virginia), which, with the loss of the American colonies in 1783, is the oldest British colony in existence (English colonies became British with the 1707 unification of the Kingdoms of England and Scotland to form the Kingdom of Great Britain) .

The growth of the British Empire in the 19th century, to its peak in the 1920s, saw the UK acquire over one quarter of the world's land mass, including territories with large indigenous populations in Asia and Africa, which were held for commercial and strategic reasons rather than for settlement[citation needed]. The late 19th century saw the larger settler colonies — in Canada, Australia, New Zealand and South Africa — becoming self-governing colonies and achieving independence in all matters except foreign policy, defence and trade. Separate self-governing colonies federated to become Canada (in 1867) and the Commonwealth of Australia (in 1901). These and other large self-governing colonies had become known as Dominions by the 1920s. The Dominions achieved full independence with the Statute of Westminster (1931). The Empire was renamed the British Commonwealth to reflect such changes and in 1949 became known as the Commonwealth of Nations. Most of the British colonies in Africa, Asia and the Caribbean achieved independence. Some colonies became Commonwealth Realms, retaining the British monarch as head of state, others became republics but acknowledged Queen Elizabeth II as Head of the Commonwealth.

St. George's town, in the Islands of Bermuda, or The Somers Isles. The colony was founded by the wrecking of the flagship of the Virginia Company in 1609. The Company's charter was extended to include Bermuda in 1612, and it has remained an English (since 1707, British) colony ever since. Since the independence of Virginia, it has been the oldest-remaining British colony, and the town of St. George's is the oldest continuously-inhabited English settlement in the New World.
St. George's town, in the Islands of Bermuda, or The Somers Isles. The colony was founded by the wrecking of the flagship of the Virginia Company in 1609. The Company's charter was extended to include Bermuda in 1612, and it has remained an English (since 1707, British) colony ever since. Since the independence of Virginia, it has been the oldest-remaining British colony, and the town of St. George's is the oldest continuously-inhabited English settlement in the New World.

The 1980s saw the United Kingdom lose its last mainland colonies, with the independence of Southern Rhodesia (now Zimbabwe) in Africa in 1980 and British Honduras (now Belize) in Central America in 1981[citation needed]. The last major colony that remained was Hong Kong, with a population of over 5 million. Unlike other territories, much of Hong Kong (the New Territories) was leased to the UK by China under a 99 year lease that expired in 1997. The United Kingdom negotiated the Sino-British Joint Declaration, which led to the whole of Hong Kong becoming a "special administrative region" of China in 1997, subject to various conditions intended to guarantee the preservation of Hong Kong's capitalist economy and its way of life under British rule for at least 50 years after the handover[citation needed].

Following the return of Hong Kong, the remaining colonial possessions are generally small island territories with small populations, and the uninhabited British Antarctic Territory. The reasons for these territories not achieving independence vary, and include:

  • lack of support for independence among the local population;
  • a small population size making the possibility of success as a sovereign nation more difficult;
  • dependence on economic aid from the UK;
  • being uninhabited territories used for scientific or military purposes;
  • a need for British military presence to guard against hostile neighbours;
  • a lack of any economic or political justification for independence.

In 2002, the UK Parliament passed the British Overseas Territories Act 2002. This reclassified the UK's dependent territories as Overseas Territories and, with the exception of those people solely connected with the Sovereign Base Areas of Cyprus, restored full British citizenship to their inhabitants.

It was once said that "the sun never sets on the British Empire"[4], and the British Overseas Territories still extend to every continent of the World, with the Caribbean Overseas Territories in North America, The Falklands in South America, Saint Helena and Dependencies in Africa, Pitcairn in Oceania, Gibraltar in Europe, British Indian Ocean Territory in Asia, and South Georgia and the South Sandwich Islands in Antarctica.

[edit] Current Overseas Territories

Flag Arms Territory Location Motto Area Population Capital
Anguilla Caribbean Strength and Endurance 39.4 sq mi 102.0 km² 12,800 The Valley
Bermuda North Atlantic Ocean Quo fata ferunt (Latin: "Whither the Fates carry [us]") 20.6 sq mi 53.4 km² 64,482 Hamilton
British Antarctic Territory Antarctica Research and discovery 666,000 sq mi 1,724,900 km² 200 staff Rothera (main base)
British Indian Ocean Territory Indian Ocean In tutela nostra Limuria (Latin: "Limuria is in our charge") 23 sq mi 60 km² 3,200 military and staff Diego Garcia (base)
British Virgin Islands Caribbean Vigilate (Latin: "Be watchful") 59 sq mi 153 km² 21,730 Road Town
Cayman Islands Caribbean He hath founded it upon the seas 100.4 sq mi 260.0 km² 46,600 George Town
Falkland Islands South Atlantic Ocean Desire the right 4,702 sq mi 12,178 km² 2,967 Stanley
Gibraltar Iberian Peninsula Nulli expugnabilis hosti (Latin: "No enemy shall expel us") 2.5 sq mi 6.5 km² 27,776 Gibraltar
Montserrat Caribbean 39 sq mi 101 km² 9,000 Plymouth (abandoned due to volcano—de facto capital is Brades)
Pitcairn Islands Pacific Ocean None 17 sq mi 44 km²
(all islands)
67 Adamstown
Saint Helena (including Ascension, Tristan da Cunha)   South Atlantic Ocean Loyal and unshakeable 158 sq mi 409 km²
(all islands)
6,563 Jamestown
South Georgia and the South Sandwich Islands South Atlantic Ocean Leo terram propriam protegat (Latin: "Let the lion protect his own land") 1,508 sq mi 3,906 km² 11-26 staff King Edward Point/Grytviken
Sovereign Base Areas of Akrotiri and Dhekelia Mediterranean (Cyprus) Dieu et mon droit (French: "God and my right") 98 sq mi 254 km² 15,000 (almost half British military and staff)   Episkopi Cantonment
Turks and Caicos Islands Caribbean 166 sq mi 430 km² 21,500 Cockburn Town

[edit] Government

[edit] Head of State

The head of state in the Overseas Territories is the British monarch, currently Queen Elizabeth II. The Queen's role in the territories is in her role as Queen of the United Kingdom, and not in right of each territory. The Queen appoints a representative in each territory to exercise her executive power. In territories with a permanent population, a Governor is appointed by the Queen on the advice of the British Government, usually a retired senior military officer, or a senior civil servant. In territories without a permanent population, a Commissioner is usually appointed to represent the Queen. For Overseas Territories with dependencies, the Governor may appoint an Administrator to represent him or her in that dependency[citation needed].

The role of the Governor is to act as the de facto head of state, and they are usually responsible for appointing the head of government, and senior political positions in the territory. The Governor is also responsible for liaising with the UK Government, and carrying out any ceremonial duties. A Commissioner has the same powers as a Governor, but also acts as the head of government.

[edit] Government

All the Overseas Territories have their own system of government, and localised laws. The structure of the government appears to be closely correlated to the size and political development of the territory.

Territories Government
No native population, therefore there is no elected government. The Commissioner, supported by an Administrator run the affairs of the territory.
There is no elected government, and currently has no native settled population. However, the Chagos Islanders - who were forcibly evicted from the territory in 1971 and might reasonably considered to be that territory's people - are currently defending an appeal against an English High Court judgment which quashed an Order preventing them from returning.
There is no elected government, however the British military authorities try to ensure convergence of laws with those of the Republic of Cyprus where possible.
There is an elected Mayor and Island Council, who have the power to propose and administer local legislation. However, their decisions are subject to approval by the Governor, who retains near-unlimited powers of plenary legislation on behalf of the United Kingdom Government.
The Government consists of an elected Legislative Council. The Governor is the head of government and leads the Executive Council, consisting of appointed members made up from the Legislative Council and two ex-offico members.
These larger territories have a larger Legislative Council, with political parties. The Executive Council is usually called a cabinet and is led by a Chief Minister (except in the Cayman Islands, which have a Leader of Government Business), who is the leader of the majority party in parliament. The Governor exercises less power over local affairs and deals mostly with foreign affairs and economic issues, while the elected government controls most "domestic" concerns.
Under the Gibraltar Constitution Order 2006 which was approved in Gibraltar by a referendum, Gibraltar now has a Parliament. The Government of Gibraltar, headed by the Chief Minister is elected. Defence, external affairs and internal security vest in the Governor as a matter of distribution of powers. The UK therefore has no need to administer in Gibraltar.[5]
Bermuda, settled in 1609, is the oldest and most populous of the Overseas Territories, and most executive powers have been devolved to the head of government, known as the Premier. Its system of government is very similar to that of a sovereign Commonwealth Realm. The UK government retains only minor powers, exercised through the Governor, but most of those are handed to local ministers for day-to-day purposes. Bermuda's Parliament held its first session in 1620, and Bermuda has been largely self-governed and self-sufficient since then.

The Turks and Caicos Islands adopted a new constitution effective 9 August 2006; their head of government now also has the title Premier, and their autonomy has been greatly increased.

[edit] Legal system

Each Overseas Territory has its own legal system independent of the United Kingdom. The legal system is generally based on English common law, with some distinctions for local circumstances. Each territory has its own Attorney General, and court system. For the smaller territories, the UK may appoint a UK-based lawyer or judge to work on legal cases. This is particularly important for cases involving serious crimes and where it is impossible to find a jury who will not know the defendant in a small population island[citation needed].

The Pitcairn rape trial of 2004 is an example of how the UK may choose to provide the legal framework for particular cases where the territory cannot do so alone.

[edit] Relations with the UK

The Foreign and Commonwealth Office has the responsibility of looking after the interests of all Overseas Territories except one. The Overseas Territory Department is headed by the Foreign Office Minister for the Overseas Territories, currently the Parliamentary Under Secretary of State Meg Munn. The exception is the Sovereign Base Areas territory, which comes under the jurisdiction of the Ministry of Defence.

In 1999, the FCO published the Partnership for Progress and Prosperity: Britain and the Overseas Territories report which set out the UK's policy for the Overseas Territories, covering four main areas:

  • Self-determination
  • Responsibilities of the UK and the territories
  • Democratic autonomy
  • Provision for help and assistance

The UK and the Overseas Territories do not have diplomatic representations, although the governments of the Overseas Territories with indigenous populations (except Bermuda) all retain a representative office in London. The United Kingdom Overseas Territories Association (UKOTA) also represents the interests of the territories in London.

The UK provides financial assistance to the Overseas Territories via the Department of International Development. Currently only Montserrat and Saint Helena receive budgetary aid (ie financial contribution to recurrent funding). Several specialist funds are made available by the UK, including:

[edit] Foreign affairs

See also: Special member state territories and their relations with the EU
Map showing the portion of Antarctica claimed by the UK as British Antarctic Territory.
Map showing the portion of Antarctica claimed by the UK as British Antarctic Territory.

Foreign Affairs of the Overseas Territories are handled by the Foreign and Commonwealth Office in London. However some territories maintain diplomatic officers in nearby countries for trade and immigration purposes. Several of the Caribbean territories maintain membership of the Organisation of Eastern Caribbean States and the Caribbean Community. None of the territories is a member of the Commonwealth of Nations, although they do take part in the Commonwealth Games.

Gibraltar is the only Overseas Territory that is part of the European Union (EU), although it is not part of the customs union and is not a member in its own right. None of the other Overseas Territories are members of the EU, and the main body of EU law does not apply and, although certain slices of EU law are applied to those territories as part of the EU's Association of Overseas Countries and Territories (OCT Association), they are not commonly enforceable in local courts. The OCT Association also provides Overseas Territories with structural funding for regeneration projects.

Since the return of full British citizenship to most 'belongers' of Overseas Territories (mainly since the British Overseas Territories Act 2002), the citizens of those territories hold concurrent European Union citizenship, giving them rights of free movement across all EU member states.

Several nations dispute the UK's sovereignty in the following Overseas Territories:

[edit] Citizenship

None of the Overseas Territories have their own nationality status, and all citizens are classed as British Overseas Territories citizens (BOTC). They do however, have legislative independence over immigration, and holding the status of a BOTC does not automatically give a person a right to abode in any of the territories, as it depends on the territory's immigration laws. A territory may issue Belonger status to allow a person classed as a BOTC to reside in the territory that they have close links with. Non-BOTC citizens may acquire Belonger status in order to reside in a particular territory (and may subsequently become naturalised BOTC if they wish).

Historically, most inhabitants of the former British Empire held the status of British subject, which was usually lost upon independence. From 1949, British subjects in the United Kingdom and the remaining crown colonies became citizens of the United Kingdom and Colonies. However changes in British immigration and nationality law between 1962 and 1983 saw the creation of a separate British Dependent Territories citizenship with effect from January, 1983. Citizens in most territories were stripped of full British citizenship. This was mainly to prevent a mass exodus of the citizens of Hong Kong to the UK before the agreed handover to China in 1997. Exception was made for the Falkland Islands, which had been invaded the previous year by Argentina. Full British citizenship was soon returned to the people of Gibraltar due to their friction with Spain.

However, the British Overseas Territories Act 2002 replaced dependent territory citizenship with British Overseas Territories citizenship, and restored full British citizenship to all BOTCs except those from the Sovereign Base Areas of Cyprus. This restored to BOTCs the right to reside in the UK.

British citizens do not, however, have an automatic right to reside in any of the Overseas Territories. Some territories prohibit immigration, and any visitors are required to seek the permission of the territory's government to live in the territory. As they are used primarily as military bases, Ascension Island and the British Indian Ocean Territory do not allow visitors to the territory unless on official business.

[edit] Military

Defence of the Overseas Territories is the responsibility of the UK. Many of the Overseas Territories are used as military bases by the UK and its allies.

[edit] Symbols and insignia

Each Overseas Territory has been granted its own flag and coat of arms by the British monarch. Traditionally, the flags follow the Blue Ensign design, with the Union Flag in the canton, and the territory's coat of arms in the fly. Exceptions to this are Bermuda which uses a Red Ensign; British Antarctic Territory which uses a White Ensign; British Indian Ocean Territory which uses a Blue Ensign with wavy lines to symbolise the sea; and Gibraltar which uses a banner of its coat of arms (the flag of the city of Gibraltar). Gibraltar's coat of arms is unique in that it is the only armorial insignia that dates from before the period of British colonial administration[citation needed].

The Sovereign Base Areas of Akrotiri and Dhekelia are the only British Overseas Territories without an official flag of their own. The Union Flag is used in this territory and is also used for Ascension Island.

[edit] Gallery of images

[edit] References

[edit] See also

[edit] Further reading

  • Harry Ritchie: The Last Pink Bits
  • Simon Winchester: Outposts: Travel to the Remains of the British Empire (published in 1985 in the UK as Outposts: Journeys to the Surviving Relics of the British Empire also in the US as The Sun Never Sets: Travels to the Remaining Outposts of the British Empire.)
  • George Drower: Britain's Dependent Territories, Dartmouth, 1992
  • George Drower: Overseas Territories Handbook, TSO, 1998

[edit] External links